Patna High Court
Surendra ThakurversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted regular bail to the petitioner subject to monetary and compliance conditions.
Summary
The petitioner, Surendra Thakur, was charged under Sections 25(1‑b)(a) and 26 of the Arms Act for possession of three country‑made pistols and a motorcycle, and has been in custody since 28‑08‑2024 with three prior criminal records. His earlier bail application was rejected, but he filed a second regular bail petition claiming false implication and noting that the trial had not yet commenced. The State opposed the bail, citing the seriousness of the offence and the petitioner’s antecedents. The Court considered the balance between the presumption of innocence, the lack of trial commencement, and the petitioner’s willingness to cooperate. It allowed the bail application, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties and to comply with attendance and cooperation conditions, with non‑compliance leading to cancellation of bail.
Issues considered
- Whether regular bail should be granted to a person accused under Sections 25(1‑b)(a) and 26 of the Arms Act with prior criminal antecedents.
- Whether the petitioner’s claim of false implication and the fact that trial has not commenced justify bail despite the seriousness of the offence.
Legislation cited
- Arms Act — s. 25(1‑b)(a), 26
Subjects
- regular bail
- Arms Act
- bail conditions
- criminal antecedents
- trial cooperation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85510 of 2025
Arising Out of PS. Case No.-347 Year-2024 Thana- CHHATAUNI District- East Champaran
======================================================
Surendra Thakur S/O Kolai Thakur R/O Vill.- Akauna,P.S-Chiraiya, Dist.-
East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anil Kumar, Advocate
For the Opposite Party/s : Mr.Bharat Bhushan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 05-05-2026 Heard the parties.
2. This is the second attempt of the petitioner for
grant of regular bail in connection Chhatauni P.S. Case No.
347 of 2024 registered for the offence under Sections 25(1-b)a
and 26 of Arms Act. Earlier the bail application of the
petitioner was rejected vide order dated 16.04.2025 passed in
Cr. Misc. No. 17120 of 2025.
3. As per the prosecution case, three country-made
pistol and one motorcycle has been recovered from the
petitioner. Petitioner is in custody since 28.08.2024 and has
three criminal antecedents.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in the present case.
Patna High Court CR. MISC. No.85510 of 2025(3) dt.05-05-2026
2/3
Learned counsel further submits that till now the trial has not
commenced. The petitioner undertakes to co-operate in the
case/ trial.
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner.
6. Considering the aforesaid facts, this application
for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Judicial Magistrate 1 st Class-cum-
Additional Magistrate, Sadar Motihari, East
Champaran/concerned Court below in connection with
Chhatauni P.S. Case No. 347/2024 subject to the following
conditions:-
(i) The petitioner after being released on bail, is
directed to mark his attendance at Chiraiya Police Station,
District- East Champaran on every Sunday of the month.
Any default in appearance at the Police Station will result
in cancellation of bail bonds of the petitioner.
(ii) The petitioner after being released on bail is
directed to co-operate in the trial either by appearing
personally or through his lawyer in the Trial Court on
each and every date fixed by the trial Court. Non-
compliance of the condition will result in cancellation of
Patna High Court CR. MISC. No.85510 of 2025(3) dt.05-05-2026
3/3
the bail bonds of the petitioner.
(Sandeep Kumar, J)
tusharika/-
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